BILL REQ. #:  H-0932.1 

Read first time 01/31/13.   Referred to Committee on Local Government.

     AN ACT Relating to the powers of initiative and referendum within counties that are not home rule charter counties; and adding new sections to chapter 36.01 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 36.01 RCW to read as follows:
     (1) The voters of each county that does not operate under a home rule charter may exercise within the county the powers of initiative and referendum as provided in this section and sections 2 through 4 of this act. The powers of initiative and referendum may not be used to alter or avoid duties mandated by state law or state agency rule.
     (2) The county legislative authority of each county that does not operate under a home rule charter must establish by ordinance the form to be used for referendum and initiative petitions in its county, and must establish procedures for the circulation and signing of referendum and initiative petitions.
     (3) All referendum and initiative petitions adopted under subsection (2) of this section must contain the full text of the proposed measure and the ballot title and the following warning verbatim:

NEW SECTION.  Sec. 2   A new section is added to chapter 36.01 RCW to read as follows:
     (1) Except as otherwise provided in this section and section 1 of this act, any legal voter of a county may initiate ordinances or amendments to existing ordinances by filing with the county auditor an initiative petition. No ordinance that is the result of an initiative approved by a majority of voters may be amended or repealed within two years after enactment, unless a measure to amend or repeal the ordinance is approved by a majority of voters voting at any special or general election or is approved by a unanimous vote of the entire membership of the county legislative authority.
     (2) Ordinances providing for the compensation or working conditions of county employees, redistricting of commissioner districts, authorization or repeal of any appropriation of money or any portion of the annual budget, and authorization or repeal of taxes or fees, are not subject to an initiative.
     (3)(a) Any legal voter of the county may file an initiative proposal with the county auditor. The county auditor may charge a twenty dollar filing fee. Within five working days from receipt of the proposal, the county auditor must confer with the petitioner to review the proposal as to form and style. The county auditor must assign the initiative proposal a serial number, which must be the identifying number for the proposal. The county auditor must then transmit a copy of the proposal to the county prosecuting attorney.
     (b) The county prosecuting attorney must confer with the petitioner to review the legal aspects of the proposal. Within ten working days after receipt of the proposal, the county prosecuting attorney must compose a concise statement, posed as a positive question that does not contain more than twenty-five words, that is a true and impartial description of the initiative petition's essential contents. The concise statement must be the ballot title.
     (c) The petitioner has one hundred twenty days after the ballot title is composed by the county prosecuting attorney to collect signatures of registered voters of the county, equal to or more than twenty-five percent of the number of votes cast in the county for the office of governor at the last regular gubernatorial election, and submit the petition containing the signatures to the county auditor for filing. All initiative petitions proposing a measure to be submitted to the people for their approval or rejection at the next general election must be submitted for filing not less than one hundred twenty days before such election.
     (d) Within ten days after the filing of the initiative petition, the county auditor must determine whether the petition bears sufficient signatures.
     (e) If the county auditor verifies the petition as containing sufficient signatures, the county legislative authority must, within twenty days after the petition is verified, consider the proposed initiative. The county legislative authority must either pass the proposed initiative without change or amendment or submit the proposed initiative to the people at the next general election.
     (f) If the proposed initiative is enacted by the county legislative authority without change or amendment, the initiative is subject to referendum.
     (g) If the county legislative authority does not pass the proposed initiative and proposes a substitute measure concerning the same subject matter, the proposed substitute measure may be placed on the same ballot with the proposed initiative. On the ballot, the voters must be given, first, the option of approving either measure or rejecting both measures and, second, the option to approve one measure and reject the other. If a majority of the voters voting on the first option are for approving either measure, then the measure receiving the majority of votes cast on the second option is approved. If a majority of the voters voting on the first option are for rejecting both measures, then neither measure is approved regardless of the votes on the second option.

NEW SECTION.  Sec. 3   A new section is added to chapter 36.01 RCW to read as follows:
     The county legislative authority by ordinance may submit any proposed or enacted ordinance to the voters for their approval or rejection at a general or special election. If the ordinance is approved by a majority of the voters voting on it, the ordinance becomes effective ten days after the results of the election are certified, unless a later date is specified by the measure submitting the ordinance to the voters. If an enacted ordinance is rejected by a majority of voters voting on it, the ordinance ceases to be effective ten days after the results of the election are certified, unless a later date is specified by the measure submitting the ordinance to the voters.

NEW SECTION.  Sec. 4   A new section is added to chapter 36.01 RCW to read as follows:
     (1)(a) Except as provided in this section and section 1 of this act, an ordinance, or any part of an ordinance, may be subjected to a referendum by the voters of the county. Emergency ordinances, ordinances, or sections of any ordinance that: Provide for the compensation or working conditions of county employees; authorize or repeal any appropriations of money or any portion of the annual budget; or authorize or repeal taxes or fees are not subject to referendum.
     (b) Upon the filing of a referendum petition, the operation of the protested ordinance must be suspended until the referendum petition is found insufficient or until the referendum has been rejected by a majority of voters voting at an election. The filing of a referendum petition against one or more sections of any ordinance suspends the operation of only those protested sections pending the outcome of the referendum.
     (2)(a) Any legal voter of the county may file a referendum proposal against any ordinance, or part of any ordinance, with the county auditor within fifteen days after the ordinance is enacted by the county legislative authority. The county auditor may charge a twenty dollar filing fee.
     (b) Within five working days from its receipt of the referendum proposal, the county auditor must confer with the petitioner to review the proposal as to form and style. The county auditor must assign the referendum proposal a serial number, which must be the identifying number for the proposal. The county auditor must then transmit a copy of the proposal to the county prosecuting attorney.
     (c) The county prosecuting attorney must confer with the petitioner to review the legal aspects of the proposal. Within ten working days after receipt of the proposal, the county prosecuting attorney must compose a concise statement, posed as a positive question that does not contain more than twenty-five words, that is a true and impartial description of the referendum petition's essential contents. The concise statement must be the ballot title.
     (d) The petitioner has one hundred twenty days after the ballot title is composed by the county prosecuting attorney to collect signatures of registered voters of the county, equal to or more than twenty-five percent of the number of votes cast in the county for the office of governor at the last regular gubernatorial election, and submit the referendum petition containing the signatures to the county auditor for filing. All referendum petitions proposing a measure to be submitted to the people for their approval or rejection at the next general or special election must be submitted for filing not less than ninety days before such election.
     (e) Within ten days after the filing of the referendum petition, the county auditor must determine whether the petition bears sufficient signatures. If the county auditor verifies the petition as containing sufficient signatures, the county auditor must submit the proposed referendum to the people at the next general or special election.

NEW SECTION.  Sec. 5   A new section is added to chapter 36.01 RCW to read as follows:
     (1) Sections 1 through 4 of this act do not apply to any county that operates under a home rule charter.
     (2) Sections 1 through 4 of this act do not supersede conflicting special local referendum procedures enacted in any other legislation.